By: White H.B. No. 3705
A BILL TO BE ENTITLED
AN ACT
relating to local juvenile justice information systems.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 58.301, Family Code, is amended read as
follows:
Sec. 58.301. DEFINITIONS. In this subchapter:
(1) "County juvenile board" means a juvenile board
created under Chapter 152, Human Resources Code.
(2) "Governmental placement facility" means a
juvenile residential placement facility operated by a unit of
government.
(3) "Governmental service provider" means a juvenile
justice service provider operated by a unit of government.
(4) "Juvenile facility" means a facility that serves
juveniles under juvenile court jurisdiction and that is operated as
a holdover facility, a pre-adjudication detention facility, a
non-secure facility, or a post-adjudication secure correctional
facility.
(5) "Local juvenile justice information system" means
a county or multicounty computerized database of information
concerning children, with data entry and access by the partner
agencies that are members of the system.
(5)(6) "Partner agency" means a governmental service
provider or governmental placement facility that is authorized by
this subchapter to be a member of a local juvenile justice
information system or that has applied to be a member of a local
juvenile justice information system and has been approved by the
county juvenile board or regional juvenile board committee as a
member of the system. The term includes governmental juvenile
facilities.
(6)(7) "Regional juvenile board committee" means a
committee that is composed of two members from each county juvenile
board in a region that comprises a multicounty local juvenile
information system.
SECTION 2. Section 58.303, Family Code, is amended read as
follows:
Sec. 58.303. LOCAL JUVENILE JUSTICE INFORMATION SYSTEM.
(a) Juvenile justice agencies in a county or region of this state
may jointly create and maintain a local juvenile justice
information system to aid in processing the cases of children under
this code, to facilitate the delivery of services to children in the
juvenile justice system, and to aid in the early identification of
at-risk and delinquent children.
(b) A local juvenile justice information system may contain
the following components:
(1) case management resources for juvenile courts,
court clerks, prosecuting attorneys, and county juvenile probation
departments;
(2) reporting systems to fulfill statutory
requirements for reporting in the juvenile justice system;
(3) service provider directories and indexes of
agencies providing services to children;
(4) victim-witness notices required under Chapter 57;
(5) electronic filing of complaints or petitions,
court orders, and other documents filed with the court, including
documents containing electronic signatures;
(6) electronic offense and intake processing;
(7) case docket management and calendaring;
(8) communications by email or other electronic
communications between partner agencies;
(9) reporting of charges filed, adjudications and
dispositions of juveniles by municipal and justice courts and the
juvenile court, and transfers of cases to the juvenile court as
authorized or required by Section 51.08;
(10) reporting to schools under Article 15.27, Code of
Criminal Procedure, by law enforcement agencies, prosecuting
attorneys, and juvenile courts;
(11) records of adjudications and dispositions,
including probation conditions ordered by the juvenile court; and
(12) warrant management and confirmation
capabilities; and
(13) management of juveniles in juvenile facilities.
(c) Expired.
(d) Membership in a local juvenile justice information
system is determined by this subchapter. Membership in a regional
juvenile justice information system is determined by the regional
juvenile board committee from among partner agencies that have
applied for membership.
SECTION 3. Section 58.304, Family Code, is amended read as
follows:
Sec. 58.304. TYPES OF INFORMATION CONTAINED IN A LOCAL
JUVENILE INFORMATION SYSTEM. (a) Subject to Subsection (d), a A
local juvenile justice information system must consist of:
(1) information relating to all referrals to the
juvenile court of any type, including referrals for conduct
indicating a need for supervision and delinquent conduct; and
(2) information relating to:
(A) the juvenile;
(B) the intake or referral of the juvenile into
the juvenile justice system for any offense or conduct;
(C) the detention of the juvenile;
(D) the prosecution of the juvenile;
(E) the disposition of the juvenile's case,
including the name and description of any program to which the
juvenile is referred; and
(F) the probation, placement, or commitment of
the juvenile.
(b) To the extent possible and subject to Subsections
Subsection (a) and (d), the local juvenile justice information
system may include the following information for each juvenile
taken into custody, detained, or referred under this title:
(1) the juvenile's name, including other names by
which the juvenile is known;
(2) the juvenile's date and place of birth;
(3) the juvenile's physical description, including
sex, weight, height, race, ethnicity, eye color, hair color, scars,
marks, and tattoos;
(4) the juvenile's state identification number and
other identifying information;
(5) the juvenile's fingerprints and photograph;
(6) the juvenile's last known residential address,
including the census tract number designation for the address;
(7) the name, address, and phone number of the
juvenile's parent, guardian, or custodian;
(8) the name and identifying number of the agency that
took into custody or detained the juvenile;
(9) each date of custody or detention;
(10) a detailed description of the conduct for which
the juvenile was taken into custody, detained, or referred,
including the level and degree of the alleged offense;
(11) the name and identifying number of the juvenile
intake agency or juvenile probation office;
(12) each disposition by the juvenile intake agency or
juvenile probation office;
(13) the date of disposition by the juvenile intake
agency or juvenile probation office;
(14) the name and identifying number of the
prosecutor's office;
(15) each disposition by the prosecutor;
(16) the date of disposition by the prosecutor;
(17) the name and identifying number of the court;
(18) each disposition by the court, including
information concerning custody of a juvenile by a juvenile justice
agency or county juvenile probation department;
(19) the date of disposition by the court;
(20) any commitment or release under supervision by
the Texas Juvenile Justice Department, including the date of the
commitment or release;
(21) information concerning each appellate
proceeding; and
(22) electronic copies of all documents filed with the
court; and
(23) information obtained for the purpose of
diagnosis, examination, evaluation, or treatment or for making a
referral for treatment of a child by a public or private agency or
institution providing supervision of a child by arrangement of the
juvenile court or having custody of the child under order of the
juvenile court.
(c) If the Department of Public Safety assigns a state
identification number for the juvenile, the identification number
shall be entered in the local juvenile information system.
(d) Information obtained for the purpose of diagnosis,
examination, evaluation, or treatment or for making a referral for
treatment of a child by a public or private agency or institution
providing supervision of a child by arrangement of the juvenile
court or having custody of the child under order of the juvenile
court may not be collected under Subsection (a) or (b).
SECTION 4. Section 58.305, Family Code, is amended read as
follows:
Sec. 58.305. PARTNER AGENCIES. (a) A local juvenile
justice information system shall to the extent possible include the
following partner agencies within that county:
(1) the juvenile court and court clerk;
(2) justice of the peace and municipal courts;
(3) the county juvenile probation department;
(4) the prosecuting attorneys who prosecute juvenile
cases in juvenile court, municipal court, or justice court;
(5) law enforcement agencies;
(6) each public school district in the county;
(7) governmental service providers approved by the
county juvenile board; and
(8) governmental placement juvenile facilities
approved by the county juvenile board.
(b) A local juvenile justice information system for a
multicounty region shall to the extent possible include the partner
agencies listed in Subsections (a)(1)-(6) for each county in the
region and the following partner agencies from within the
multicounty region that have applied for membership in the system
and have been approved by the regional juvenile board committee:
(1) governmental service providers; and
(2) governmental placement juvenile facilities.
SECTION 5. Section 58.306, Family Code, is amended read as
follows:
Sec. 58.306. ACCESS TO INFORMATION; LEVELS. (a) This
section describes the level of access to information to which each
partner agency in a local juvenile justice information system is
entitled.
(b) Information is at Access Level 1 if the information
relates to a child:
(1) who:
(A) a school official has reasonable grounds to
believe has committed an offense for which a report is required
under Section 37.015, Education Code; or
(B) has been expelled, the expulsion of which is
required to be reported under Section 52.041; and
(2) who has not been charged with a fineable only
offense, a status offense, or delinquent conduct.
(c) Information is at Access Level 2 if the information
relates to a child who:
(1) is alleged in a justice or municipal court to have
committed a fineable only offense, municipal ordinance violation,
or status offense; and
(2) has not been charged with delinquent conduct or
conduct indicating a need for supervision.
(d) Information is at Access Level 3 if the information
relates to a child who is alleged to have engaged in delinquent
conduct or conduct indicating a need for supervision.
(e) Information is at Access Level 4 if the information is
obtained for the purpose of diagnosis, examination, evaluation, or
treatment or for making a referral for treatment of a child by a
public or private agency or institution providing supervision of a
child by arrangement of the juvenile court or having custody of the
child under order of the juvenile court.
(f) Level 1 Access is by public school districts in the
county or region served by the local juvenile justice information
system.
(f) (g) Level 2 Access is by:
(1) justice of the peace courts that process juvenile
cases; and
(2) municipal courts that process juvenile cases.
(g) (h) Level 3 Access is by:
(1) the juvenile court and court clerk;
(2) the prosecuting attorney;
(3) the county juvenile probation department;
(4) law enforcement agencies;
(5) governmental service providers that are partner
agencies; and
(6) governmental placement juvenile facilities that
are partner agencies. Private juvenile facilities may access only
information pertaining to juveniles detained or placed within the
respective facilities.
(i) Level 4 Access is by:
(1) the juvenile court and court clerk;
(2) the county juvenile probation department; and
(3) juvenile facilities. Private juvenile facilities
may access only information pertaining to juveniles detained or
placed within the respective facilities.
(h) (i) Access for Level 1 agencies is only to information
at Level 1. Access for Level 2 agencies is only to information at
Levels 1 and 2. Access for Level 3 agencies is to information at
Levels 1, 2, and 3.
SECTION 6. Section 58.307(e), Family Code, is amended read
as follows:
(e) Information in a local juvenile justice information
system, including electronic signature systems, shall be protected
from unauthorized access by a system of access security and any
access to information in a local juvenile information system
performed by browser software shall be at the level of at least
128-bit 2048-bit encryption. A juvenile board or a regional
juvenile board committee shall require all partner agencies to
maintain security and restrict access in accordance with the
requirements of this title.
SECTION 7. This Act takes effect September 1, 2017.